The High Court dismissed a criminal writ petition challenging an order of issue of process under Section 324 IPC. The court held that at the stage of issuing process, evidence is not scrutinised minutely and the prima facie material showed the ingredients of the sections were made out.
The Criminal Writ Petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chitra Sonawane. 3- WP-2213-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2213 OF 2018
Age: 57, Occupation :Agriculture. Digitally signed by 2. Mrs. Shilabai Tukaram Mane CHITRA CHITRA SANJAY Age 52, Occupation:Household SANJAY SONAWANE SONAWANE Date: 3. Mr.Sampat @ Umesh Tukarm Mane 2023.10.2610:42:40 Age: 27, Occupation :Agriculture. +0530
Mr Suryajeet P. Chavan for the petitioners. Ms SD Shinde, APP for State.
Coram: R. N. Laddha, J. Date: 25 October 2023
P.C.: -
Heard Mr Suryajeet Chavan, the learned Counsel for the Petitioners; and Ms SD Shinde, the learned APP for second
Page No. 1 of 4 ____________________________________________ 25 October 2023
Chitra Sonawane. 3- WP-2213-2018.doc
respondent/ State.
Page No. 2 of 4 ____________________________________________ 25 October 2023
Chitra Sonawane. 3- WP-2213-2018.doc
petitioners, submitted that the learned Additional Sessions Judge failed to consider the fact that the complainant and the accused had land disputes. He argued that Section 324 IPC is not applicable in this case since the petitioners never voluntarily caused hurt to the complainant by using a dangerous weapon, nor did they threaten to cause death or grievous hurt. Although the alleged incident took place in January 2014, the complaint was filed only in December 2014.
Page No. 3 of 4 ____________________________________________ 25 October 2023
Chitra Sonawane. 3- WP-2213-2018.doc
issuance of a process, it is not necessary to scrutinise the evidence minutely. The material on record prima facie shows that all the accused in furtherance of their common intention assaulted the complainant and his father, which is amply corroborated by the medical evidence. The ingredients of sections 324 and 506 IPC are prima facie made out. There is no illegality or perversity in the impugned orders and at this stage no interference is warranted.
Page No. 4 of 4 ____________________________________________ 25 October 2023
2 issues framed by the court
Whether the High Court can interfere with the impression of a process under Section 324 IPC at the stage where evidence is not to be scrutinised minutely.
Whether prima facie evidence corroborating assault and common intention justifies quashing the impugned order.
3 provisions across 1 enactments
Mr Tukaram Akaram Mane and others
Shri.Dilip Sadashiv Mane
The State of Maharashtra
R. N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
